And here in lies the problem. The above statement is impossible

Fault will undoubtably be determined by the courts and I have no intension of exprssioning an opinion regarding this unfortunate accident. but may I expel an urban myth here.

There is no such thing as "right of way" - doesn't exist! Never did. Not in the old laws or the new ones. No-one has any right of way. No-one has a law given right to plow on through regardless.

We hear it all the time but very few understand the meaning. Driving is a privalige not a right. That means that you, I, and everyone on the road has an obligation to "Give Way" No rights just obligations.

Exactly - this is the difference of the Australian road rules to some European countries for eg. - here there is a clearly defined concept of mutual courtesy expressed over and over by the legislator. Thus no "its always your fault" which is an urban legend.

Oh and btw "Giving way" Australian Road Rules (a consolidated regulation in NSW not "just a guide"):

Regulation 148 "Giving way when moving from one marked lane or line of traffic to another marked lane or line of traffic"

(1) A driver on a multi-lane road who is moving from one marked lane (whether or not the lane is ending) to another marked lane must give way to any vehicle travelling in the same direction as the driver in the marked lane to which the driver is moving.

(2) A driver on a road with 2 or more lines of traffic travelling in the same direction as the driver, and who is moving from one line of traffic (whether or not the line of traffic is ending) to another line of traffic, must give way to any vehicle travelling in the same direction as the driver in the line of traffic to which the driver is moving.

I can quote specific cases if figjam gets even more histerical.

sorry to hear about your crash, at least it wasnt a mini.
pics?

Sorry to hear about that Glad you are with Shannons!

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Lillee - 1969 Morris Mini K

woooohhhhh, hey fellas,

go away for a couple of days and come back to this, hehehe

JUST TO CLEAR IT UP>>>>>>

the car was turning at the intersect i was coming up 2, he turned from the opposite direction, infront of me....so i T BONED HIM!!!!

no he was not merging into me......nor did i run up the rear of him, i T BONED HIM!

insurance called today....TOTAL LOSS!!! i'll get a pay out of $6500,

really sucks, i had the car for 20 hrs, and did maybe 200ks,

i did get to go for a run up the old pac though which was awsum!

MAKKA....definatley not a rice burner>>>>>> FULL SLEEPER THAT WOULD PUT BRADS 4EFTE TO SHAME!

blake......the rolla is no longer!

P.s....the accident was not my fault....to clear it up again!

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ausmini member 195

71K 'Kaye', KAZZ69's work in progress
66 panelvan, going no where fast...
71 MS75 toyota crown COUPE yes A COUPE!
76 ra23 celica wid 1ggte, GT3071r, 13.5@106mph with alot of spinin....

wheels keep on turnin!

Sorry to hear this, chin up, you'll find another beast. That intersection is a bitch, I've had to brake to avoid someone exactly the same way as happened to you (you were heading to Hornsby, right?).
If you feel up to it, I would still like to like to see some photos of it (what were you thinking taking it for a drive BEFORE posting the piccies up here ).
Cheers,

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One should never skimp on the zip ties.

yeah i was heading to hornsby...the bad thing is that there was a car on my side of the road turning right....in the oposite direction of the blu gum....which totally hindered my view of this car....lukily i was going slow to pull into kennards hire just 2 drive ways up from where i had the stack!


yes.....already had a look at another old skool toyota with goodies,,,,,,

just a RA23 celica with a 1ggte (twin turbo straight six 2ltr!) but the rolla went harder, but this drives a bit tighter!

blake

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ausmini member 195

71K 'Kaye', KAZZ69's work in progress
66 panelvan, going no where fast...
71 MS75 toyota crown COUPE yes A COUPE!
76 ra23 celica wid 1ggte, GT3071r, 13.5@106mph with alot of spinin....

wheels keep on turnin!

I be shattered of I sold a car and the new owner wrote it off same day!

Was it insured for what you paid?

All the best Blake, I didn't particually want to use you as the topic of our conversation.

all the best with this one dude.
one of my mate had similar situation just recently. cept he swerved and managed to miss the turning car and nailed the car waiting to turn behind him. they have gone to court and has been ruled that it was the guy turnings fault and his insurance is paying for it all. the justice system does work, and most judges do have a bit of common sense. its obviously not your fault so you will be fine.
as to the merging lanes idea or overtaking.
merging the car that is in front has the right of way doesnt matter if his lanes is ending or not, use some sense boys.
and overtaking, can be determined that your road manoeuvre was incorrectly performed if you cause another road vehicle to alter his driving in any way, ie: braking, swerving.

the case about the guy going 60kph and pulling out infront of someone doin 80kph. comes down to circumstance. was the guy speeding??? then its his fault cause he was the one doin something illegal first.

well thats how it is over here in the great state of WA

_________________

Torque Steer is a very evil thing. Fun..... but evil.

West Aussie Mini Boys Represent...!!!

This is a lesson in here for all of us:

http://dl4.dumpalink.com/media/JLeWW46zf8Mx/Si13JG5064xX.wmv

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"Life is not like a box of chocolates... it's more like a jar of jalapenos. Whatever you do today, may burn your arse tomorrow."

Guys its an Australian Road Rules scheme - all the staes have adopted it by law in 1999. So basic road rules in WA are the same as in NSW.

As to whose fault it is when changing lanes is offcourse subjective but hey I hate sounding like an anal retentive dickhead, but I'm quoting straight from the Act at the top of this page - when saying its always the front car's "right of way" are you dissagreing with the quote from the legislation or with the way I interpret it?

i got 2 cars for that price...the other was thrown in to sweeten the deal.....now i gotta sell that one! (the guy was desperate to sell this these cars to stay with his wife!)

anyone interested in a ke20 rolling shell......full roll cage (cost $1800), 8 3/4 LSD diff (no oil, brandnew diff cost $1200), MR ENFORCER ALLOY race tank(never had fuel in it cost $1500), 3tgte motor been honned ready for reasembly, comes with all body parts, nill interior parts, $2000ovno!.....

ANYONE INTERESTED PM ME....ITS GOTTA GO....

BLAKE

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ausmini member 195

71K 'Kaye', KAZZ69's work in progress
66 panelvan, going no where fast...
71 MS75 toyota crown COUPE yes A COUPE!
76 ra23 celica wid 1ggte, GT3071r, 13.5@106mph with alot of spinin....

wheels keep on turnin!

PM'd you re the other rolla, may be able to get you a buyer

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the world is a book, and those who do not travel read only a page
66 Mini Minor sponsored by http://www.lifeonthehedge.com.au/ The Dog Harness Specialists
It was a pleasure ausmini. I'll miss all you misfits and reprobates